PREPARED BY: Charles Ching, A2CM DATE OF MEETING: 12/18/17
SUBJECT:
TITLE
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO APPROVING THE PARTIAL TERMINATION OF A WAIVER AND INDEMNIFICATION AGREEMENT BETWEEN THE CITY AND SAN PABLO PRESERVATION, L.P. CONCERNING THE ORIGINAL CONSTRUCTION OF THE CHURCH LANE APARTMENTS LOCATED AT 2555 CHURCH LANE AND APPROVING THE SUBORDINATION OF THAT AGREEMENT IN CONNECTION WITH NEW FUNDING FOR THE RENOVATION OF THE CHURCH LANE APARTMENTS
Label
CITY MANAGER RECOMMENDATION
Recommendation
Adopt Resolution
BODY
COMPLIANCE STATEMENTS
Affordable Higher Quality & Market Rate Rental Housing Projects is a Strategic Policy Initiative under the FY 2018-21 City Council Priority Workplan, effective November 1, 2017.
CEQA Compliance Statement
This is not a project as defined by CEQA.
BACKGROUND
On April 26, 1996, the City entered into a Waiver and Indemnification Agreement with Church Lane-Rubicon Partners, a California limited partnership, providing certain terms and conditions related to the construction of the buildings now known as the Church Lane Apartments, located at 2555 Church Lane. The Waiver and Indemnification Agreement was recorded in the Official Records of Contra Costa County on May 14, 1996, as Instrument No. 96-89049. It was amended by an Addendum to Waiver and Indemnification Agreement, dated August 26, 1996, which was recorded on September 19, 1996, as Instrument No. 96-175890. Both the Waiver and Indemnification Agreement and the Addendum thereto (together, the "1996 Indemnification Agreement") were re-recorded on February 25, 1997, as Instrument Nos. 97-030693 and 97-030692, respectively, for the sole purpose of correcting the address of the Property. These documents are attached to the staff report for reference.
Under the 1996 Indemnification Agreement, Church Lane-Rubicon Partners (the "Partnership") was allowed to proceed with construction of the apartment complex prior to completion of certai...
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